← Library
Madras High CourtWP/899/2022disposed of

A.Arif Basha v. The Director Of Elementary Education

2022-03-10Honourable Mr Justice D. Krishnakumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.899 and 904 of 2022 and WMP.Nos.984, 985, 987 & 989 of 2022 A.Arif Basha ..

Petitioner in W.P.No.899 of 2022 A.Shams E Tabrez ..

Petitioner in W.P.No.904 of 2022 vs.

1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

..

Respondent No.1 in both W.Ps.

2.The Chief Educational Officer, Krishnagiri District, Krishnagiri. .. Respondent No.2 in both W.Ps. 3.The District Educational Officer, Denkanikottai, Krishnagiri District.

4.The Block Educational Officer, Thally Block, Thally, Krishnagiri District.

.. Respondents 3 & 4 in W.P.No.899/2022 5.The District Educational Officer, Vellore District, Vellore.

6.The Block Educational Officer, Gudiyatham Taluk, Gudiyatham, Vellore District.

.. Respondent No.3 & 4 in W.P.No.904/2022

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to include the name of the petitioners in the promotion panel list prepared as on 01.01.2021 for the post of B.T. Assistant Mathematics (Urdu) in Thally Block, Krishnagiri District and Gudiyatham Block, Vellore District respectively.

In both W.Ps.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.V.Nanmaran, Additional Government Pleader COMMON ORDER By consent, these Writ Petitions are taken up for final disposal. Prayer in the Writ Petitions is for a Mandamus directing the respondents to include the name of the petitioners in the promotion panel list prepared as on 01.01.2021 for the post of B.T. Assistant Mathematics (Urdu) in Thally Block, Krishnagiri District and Gudiyatham Block, Vellore District.

2. The case of the petitioners is that they are eligible to be considered for promotion to the post of B.T. Assistant, Mathematics (Urdu) and in this regard, they have submitted representations to the respondents dated 12.01.2022, to include their name in the promotion panel as on 01.01.2021, enabling them to participate in the ensuing promotion counselling and since,

the representation of the petitioners were not considered, they have filed the present writ petitions.

3. The third respondent has filed a counter affidavit wherein it has been stated that the petitioners have not submitted their Degree Certificate along with Genuineness Certificate for having passed B.Ed. Degree and since B.Ed., degree is a requisite qualification for promotion as B.T. Assistant, the name of the petitioners have not been included in the panel for promotion as B.T. Assistant as on 01.01.2021.

4. According to the petitioners, they are ready to produce the Degree Certificate and the Genuineness Certificate before the respondents for having qualified in B.Ed. Degree.

5. However, Mr.V.Nanmaran, learned Additional Government Pleader for the respondents submitted that the preparation of promotion panel for the post of B.T. Assistant for the current academic year has already been over.

6. Taking into consideration the above submissions, this Court permits the petitioner to produce the Degree Certificate and Genuineness Certificate for having acquired B.Ed. Degree qualification to the third respondent within a period of four weeks from the date of receipt of a copy of this order and upon production of such certificates, appropriate orders may be passed in accordance with law within a period of eight weeks thereafter. It is also made clear that the petitioners name shall be considered for next promotion panel to be prepared by the respondent for the post of B.T. Assistant Mathematics (Urdu), if they are otherwise eligible.

7. The Writ Petitions stand disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 10.03.2022 Index : Yes / No Internet : Yes / No Jvm To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

2.The Chief Educational Officer, Krishnagiri District, Krishnagiri.

3.The District Educational Officer, Denkanikottai, Krishnagiri District.

4.The Block Educational Officer, Thally Block, Thally, Krishnagiri District.

5.The District Educational Officer, Vellore District, Vellore.

6.The Block Educational Officer, Gudiyatham Taluk, Gudiyatham, Vellore District.

D.KRISHNAKUMAR. J Jvm W.P.Nos.899 and 904 of 2022 10.03.2022